Md. Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72846 of 2022 Arising Out of PS. Case No.-137 Year-2021 Thana- PANDAUL District- Madhubani ====================================================== ABDUS SALAM @ ABDUL SALAM @ MD. ABDUL S/O MD. AKHTAR HUSSAIN @ MD. AKHTAR Resident of village- Bhagwatipur, P.S.- Pandaul, District- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 73416 of 2022 Arising Out of PS. Case No.-137 Year-2021 Thana- PANDAUL District- Madhubani ====================================================== 1.

MD. ALI Son of Late Md. Akhtar Resident of Village - Bhagwatipur, P.S.- Pandaul, District - Madhubani.

2.

Md. Noor @ Noor Mohammad Son of Md. Mukhtar Resident of Village - Bhagwatipur, P.S.- Pandaul, District - Madhubani. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 72846 of 2022) For the Petitioner/s :

Mr.Bhavesh Kumar Sah, Adv.

For the Opposite Party/s :

Mr.Arun Kumar, APP (In CRIMINAL MISCELLANEOUS No. 73416 of 2022) For the Petitioner/s :

Mr.Gagan Deo Yadav, Adv.

Mr.Ravi Prakash, Adv.

Mr.Udeshya Kumar Yadav, Adv.

Mr.Vinod Kumar, Adv.

For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2023 As both these cases arises out of the same P.S. Case No., they are being taken up and heard together and are being disposed of by this common order.

Heard learned counsel for the petitioners and learned APP

Patna High Court CR. MISC. No.72846 of 2022(2) dt.21-03-2023 2/3 for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 324, 308, 379, 427, 504, 34 of the IPC.

As per the prosecution case, the F.I.R. named accused persons entered into the house of informant and assaulted her and her daughter by means of various weapons. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to village politics. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is a compromise between the parties, which is clear from the impugned order itself. Injury was found simple in nature, though the injury is not mentioned in the impugned order. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six

Patna High Court CR. MISC. No.72846 of 2022(2) dt.21-03-2023 3/3 weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Pandaul P.S. Case No.137 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T